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UK PR for Carers: Understanding the New Rules

The UK has introduced significant changes to immigration and settlement pathways for care workers. These reforms aim to create what the government describes as one of the most controlled settlement systems in Europe.

New Settlement Proposals for Carers

Under the proposals, more than 616,000 people and family members who arrived on Health and Care Worker visas may become eligible for settlement after 15 years. However, if anyone on such a visa — including dependants — has claimed benefits for a year or more, the qualifying period increases to 25 years.

According to the official gov.uk text:

“Low-paid workers, such as the 616,000 people and their dependants who came on health and social care visas between 2022 and 2024, would be subject to a 15-year baseline. The route was closed earlier this year following widespread abuse.”

Please note these changes are going through the consultation process, which began on Thursday (November 20) and is open until February 12.

The UK government plans to apply the new rules retrospectively, although it has stated that final transitional arrangements will be confirmed after the consultation process. A similar situation occurred in 2008 and 2009, when the government increased the qualifying period for settlement for certain highly skilled migrants from four to five years. At that time, the UK High Court overturned the change based on the administrative law principle of “legitimate expectation.”

While Parliament remains supreme in the UK — meaning courts cannot overturn primary legislation — many immigration rule changes are introduced through a Statement of Changes rather than through Acts of Parliament. As a result, these changes can still be challenged through judicial review.

Additional Penalties and System Controls

For the first time, the government has indicated that penalties may be introduced for immigrants exploiting the system. These reforms aim to make the UK’s settlement policies more selective and closely managed.

The website freemovement.org.uk notes:

“The paper explicitly raises concerns about the number of people who have come to the UK on a Health and Care visa reaching settlement and being able to access public funds. So here they are consulting on an additional penalty for people in occupations ranked below RQF Level 6:

We are therefore consulting on whether a contribution-based approach should mean that the existing pathway for settlement is increased (beyond the standard baseline of 10 years) for those admitted to the UK specifically to work in occupations skilled below RQF Level 6. This might involve increasing the baseline qualifying period to 15 years where the worker has been sponsored for a role skilled below RQF Level 6 (for example, under the Skilled Worker and Health and Care routes)”.

Differences for Other Professionals

While carers face longer qualifying periods, doctors and nurses working in the NHS can still settle after five years, and high earners and entrepreneurs may qualify in as little as three years.

What This Means for You

  • If you are already a carer in the UK: You may continue working; recruitment restrictions do not affect current workers.
  • If you planned to come to the UK as a carer: Entry under a carer visa will no longer be possible after July 22, 2025.
  • If you hold a Health and Care Worker visa: A 15-year ILR route applies to you, but dependants will follow the new 15–25 year conditions.

These changes reflect a government drive to focus on domestic recruitment, reduce dependency on overseas labour, and implement stricter controls on settlement pathways. The extended settlement periods, especially for dependants who have claimed benefits, are expected to affect many carers and their families.